Changes to the Data; Termination of Access to the Data
You acknowledge and agree that the form, nature, and content of the Data that is made available on the website may change from time to time without prior notice to you. You also acknowledge that the data in the AQDC will be made public automatically one year after data upload to encourage transparency and community engagement unless you contact email@example.com with an extension request prior to the one year mark. You further acknowledge and agree that EDF may stop (temporarily or permanently) making the data available (or any data or features within the website) to you at EDF's sole discretion, without prior notice to you. EDF reserves the right to refuse or discontinue access to the website to anyone, at any time in its sole discretion with or without notice.
EDF's Proprietary Rights.
The EDF name, the EDF logo, and all related names, logos, designs, and slogans are trademarks of EDF or its affiliates or licensors. You must not use such marks without the prior written permission of EDF.
In using the Data, you may not use the Data to display content that falsely expresses or implies that such content is sponsored or endorsed by EDF and the Air Sensor Workgroup. You may not attribute the Data in a false or misleading manner.
Terminating this Agreement
EXCLUSION OF WARRANTIES
YOU ACKNOWLEDGE THAT ALL DATA MADE AVAILABLE BY EDF IS PROVIDED BY EDF "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EDF EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NON-INFRINGEMENT, ACCURACY OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE DATA IS AT YOUR SOLE RISK AND THAT THE DATA IS PROVIDED " AS IS " AND " AS AVAILABLE. " IN PARTICULAR, EDF AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT:
(a) YOUR USE OF THE DATA WILL MEET YOUR REQUIREMENTS;
(b) YOUR USE OF THE DATA WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
(c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE DATA WILL BE ACCURATE OR RELIABLE; (d) THE DATA IS ERROR OR BUG FREE; AND
(e) THE DATA IS DESIGNED, MANUFACTURED OR INTENDED FOR USE IN CONNECTION WITH ANY HIGH RISK ACTIVITY.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EDF, OR THROUGH OR FROM THE DATA, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EDF AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU FOR:
(a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS);
(b) ANY LOSS OR DAMAGE AS A RESULT OF:
(i) ANY CHANGES THAT EDF MAY MAKE TO THE DATA, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF YOUR RIGHT TO DOWNLOAD OR USE THE DATA (OR ANY FEATURES WITHIN THE DATA); OR
(ii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE DATA.
THE LIMITATIONS ON EDF’S LIABILITY TO YOU WILL APPLY WHETHER OR NOT EDF OR ITS AFFILIATES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.
To the fullest extent permitted by law, you hereby agree to indemnify and hold EDF, its officers, directors, agents, and affiliates ("the Indemnified Parties") harmless from and against any claim, expense, or liability of any kind (including, without limitation, incidental and consequential damages, court costs, attorney’s fees and costs of investigation), that arises directly or indirectly, in whole or in part, from your use of the Data, including any secondary or derivative use of the Data. You also specifically acknowledge and agree to have an immediate and independent obligation to defend the Indemnified Parties from any claim that may fall within this indemnification provision, even if the allegations are or may be groundless, false or fraudulent, which obligation arises at the time such claim is tendered to you by the Indemnified Party and continues at all times thereafter.
Governing Law and Jurisdiction